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HomeMy WebLinkAbout2005-3-6939378 ORDINANCE NO. 2005-3-6939 AN ORDINANCE PROVIDING FOR THE CLOSING OF A PORTION OF AN ALLEY LOCATED NORTH OF MONROE STREET AND BEING 150.21' WEST OF THE INTERSECTION OF FOUNTAIN AVENUE AND MONROE STREET BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the City of Paducah does hereby authorize the closing of a portion of an alley located north of Monroe Street and being 150.21' west of the intersection of Fountain Avenue and Monroe Street, and being more particularly described as follows: A 15' WIDE ALLEY LOCATED ALONG MONROE STREET IN PADUCAH, KENTUCKY AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST INTERSECTION OF FOUNTAIN AVENUE AND MONROE STREET RIGHT OF WAY; THENCE ALONG THE NORTHERLY RIGHT OF WAY LINE OF MONROE STREET SOUTH 64 DEGREES 45 MINUTES 26 SECONDS WEST A DISTANCE OF 150.21 FEET TO AN EXISTING 1/2 " REBAR, SAID POINT BEING THE POINT OF BEGINNING; THENCE FROM THE POINT OF BEGINNING NORTH 25 DEGREES 29 MINUTES 25 SECONDS WEST A DISTANCE OF 82.75 FEET TO A POINT; THENCE SOUTH 64 DEGREES 45 MINUTES 26 SECONDS WEST A DISTANCE OF 15 FEET TO AN EXISTING 1/2 " REBAR WITH CAP MARKED "CDG, INC. PLS 3219"; THENCE SOUTH 25 DEGREES 29 MINUTES 25 SECONDS EAST A DISTANCE OF 82.75 FEET TO AN EXISTING 1/2 " REBAR IN THE NORTHERLY RIGHT-OF-WAY LINE OF MONROE STREET; THENCE ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF MONROE STREET NORTH 64 DEGREES 45 MINUTES 26 SECONDS EAST A DISTANCE OF 15 FEET TO THE POINT OF BEGINNING, MEASURING 0.0285 ACRES OR 1,241.44 SQUARE FEET. AS SURVEYED BY A. CLAY ROBINSON PLS #3219 ON APRIL 16, 2004. SECTION 2. In support of its decision to close the aforesaid public way, the Board of Commissioners hereby makes the following findings of fact: a. James R:. Coltharp, Jr., and wife, Heather L. Coltharp and Jack Buri and wife, Terri Buri are the owners of property abutting the public way which the Board of Commissioners has authorized to be closed as is evidenced by the application for street and/or alley closing which is attached hereto and made part hereof. b. On the 7th day of February 2005, the Paducah Planning Commission of the City of Paducah adopted a resolution recommending to the Mayor and Board of Commissioners of the City of Paducah closure of the aforesaid public way. C. Written notice of the proposed closing was given to all property owners in or abutting the public way or the portion thereof being closed as is evidenced by the application for street and/or alley closing which is attached hereto and made a part hereof. d. All property owners in or abutting the public way or the portion thereof being closed have given their written notarized consent to the closing as is evidenced by the application for street and/or alley closing which is attached hereto and made a part hereof. 379 SECTION 3. All requirements of KRS 82.405(1) and (2) having been met, the Board of Commissioners of the City of Paducah hereby concludes that the aforesaid public way, as described above, should be closed in accordance with the provisions of KRS 82.405. SECTION 4. The Mayor is hereby authorized, empowered, and directed to execute a quitclaim deed from the City of Paducah to each of the property owners in or abutting the public way to be closed with each to acquire title to that portion of the public way contiguous to the property now owned by said property owners up to center line of the said public way. Provided, however, that the City shall reserve such easements upon the above described real property as it deems necessary. Said deed shall provide the reservation by the City of Paducah any easements affecting the herein described real property as described in Section 1 above. SECTION 5. This ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS Chapter 424. ATTEST: CITY CLERK Introduced by the Board of Commissioners, February 22, 2005 Adopted by the Board of Commissioners, March 8, 2005 Recorded by Tammara S. Brock, City Clerk, March 8, 2005 Published by The Paducah Sun, March 14, 2005 \ord\eng\stclosing\alley-monroe st 4 k -- Mayo